The Court of Appeals for the Federal Circuit found that dependent claims invalidated by collateral estoppel also invalidated the parental independent claim.
2016 ONCA 217 - The ONCA accepted the motion judge’s interpretation of the licensing agreement at issue, however, it set aside the dismissal of Symcor's defence of estoppel and referred this issue, along with a limitation period defence and assessment of damages, to trial.
AstraZeneca Canada Inc v Apotex Inc, 2015 FC 322 - Claim 1 was worded general enough to capture Apotex’s subcoating layer even though Apotex’s subcoating layer was generated by an in situ chemical reaction, a process that the patentee had not contemplated.
